Paralegal Sues Zarwin Baum Over Alleged Sexual Harassment, 'Party Culture'
The Philadelphia-based firm denied the allegations, including that it has a "sexually hostile work environment" and a culture steeped in drugs and drinking.
August 29, 2019 at 03:32 PM
4 minute read
Philadelphia-based midsize law firm Zarwin Baum DeVito Kaplan Schaer Toddy is facing allegations of creating a "sexually hostile work environment," detailed in a federal lawsuit filed last week.
A former paralegal of the firm alleges that on numerous occasions, she encountered inappropriate comments from male lawyers at the firm. Her complaint described "a severe, pervasive, malignant, sexually discriminatory, and degrading hostile work environment and party culture" at the firm.
When she reported an incident of harassment, the complaint alleged, she was quickly fired.
The law firm denied the allegations Thursday through a spokesman, and said the paralegal was fired because of "poor work performance and repeated absenteeism."
Veronica Fortunato, 25, sued the firm Aug. 23 in the U.S. District Court for the Eastern District of Pennsylvania, after receiving a right to sue letter from the Equal Employment Opportunity Commission in June, according to her complaint. She is represented by plaintiffs attorney J. Conor Corcoran.
Local publication Philly Voice first reported on Fortunato's allegations in a news story in March.
"It was a horrendous place to be if you were a woman, period," Corcoran, Fortunato's lawyer, said. "They treated her badly and she did everything by the book in terms of notifying HR, but they fired her that day."
Zarwin Baum responded to the allegations in a statement: "Our firm does not tolerate sexual harassment of any kind and annually conducts training on how to spot sexual harassment and how to report instances of harassment. Ms. Fortunato, despite now making these claims after her dismissal for cause, never made such a complaint. Zarwin Baum intends to defend itself vigorously against any and all of these claims."
According to her complaint, Fortunato began working at Zarwin Baum in April 2018. She alleged that she became aware of the firm's culture soon after she started working there.
Shortly after she was hired, the complaint said, partner Ted Schaer asked if she could pass a drug test, then quickly followed by saying, "'Just kidding. If you could pass a drug test, then this place wouldn't be for you.'"
The complaint also described a happy hour at which Schaer invited employees to play a sexually suggestive drinking game, and a Christmas party at which police were called because attorneys were using cocaine in the parking lot.
With regard to her own individual experience, Fortunato listed a number of instances in which male lawyers at the firm, including Joe Bonfig and Jay Leffler, allegedly commented on her appearance. She also alleged that those two lawyers "would crow about the vulgar ways in which they wished to have sex with the plaintiff" in the mailroom.
According to the complaint, Leffler told Fortunato in a conversation that he had once dated another female paralegal who worked at Zarwin Baum.
A couple months after Fortunato began working there, Leffler began delivering apple slices to Fortunato's desk every day, the complaint alleged. One day, he also left a note that said "Apple is delicious! I wonder how you taste?" the complaint said, including a photo of the note as an exhibit.
And, the complaint alleged, "Leffler persistently suggested that he show the plaintiff pictures of his penis on a number of occasions."
Fortunato also alleged that female co-workers would bully her, including immediate supervisors, recalling instances when she was called "'too skinny'" and "'a slut.'"
In October 2018, Fortunato confronted Leffler and asked him to "leave her alone and cease his behavior," the complaint said. In response, he "began shouting and ranting and raving," she alleged.
Following that incident, Fortunato emailed office manager Nancy Landy, requesting an appointment to see her about what had happened. The same day, Landy summoned Fortunato for a meeting and told her, "'Chica, we're going to have to let you go,'" according to the complaint.
The defendants in the case are the firm, Leffler and Landy.
Fortunato is asserting claims under Title VII, and claims of retaliation, intentional infliction of emotional distress, civil conspiracy, violation of the Pennsylvania Human Relations Act and violations of the Pennsylvania Whistleblower Law. She also brought one count of assault and battery, alleging that on one occasion Leffler grabbed her by the arm and forced her to rub the crown of his head.
According to its website, Zarwin Baum has 57 attorneys. In addition to its principal office in Philadelphia, the firm has a location in Wilmington, Delaware, and offices in Mount Laurel and Jersey City, New Jersey.
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